Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-05-04
TIE DRUMMERS, TEST CASE.

THE DRUMMERS' TEST CASE.
To-day in the Court in General Term-Judges
Hagner, James, Cox and Merrick, the case OF Hen
nick [the drummers' license case) was heard Hen
nick arrested for violating the act OF the leg.
islative assembly OF August 23, 1871, and having
been fined he was committed, and at once a writ
OF habeaS corpus was sued out to test the cOnStt-
tut1Onallty OF the law. In the case Of HumaSOn
cd McAr.) 1t was contended that the law was IL
legal as to commercial agents because IL was in
effect an attempt TO regulate commerce, but the
court held to the contrary. This decision, so far
as it declares that the act Is not regulation OF
Court OF the United States Us Wash L. K, 1922.
The District, however, claims that this law was
passed by the legislature by authority OF Congress-
which has exclusive legislative power over the
District.
the petition claims that the legislature only
had municipal powers and could not legisIate on
general subjects, and that Congress could not
give 1t the power to do and is certain that Con-
gress would not delegate its power over a great
national interstate question to mere municipal
body. It is submitted that the recent decision OF
the Supreme Court OF the United States is univer-
sal and cuts up the roots OF all local regulation OF
commerce; that 1t declares that requiring a L.
cenSe OF drummerS Is regulation OF commerce,
and such licenses can only be required by Con-
gress and the latter can only exercise such power
under its constitutional powers under the cOnSti
tutonal restriction that the operation OF its laws
shall be uniform. MeSSrS. Miller j. Miller and Mr.
DARBY Tor CUe peLllIOQcE auu UlSlllCI ALIO[Qoy
Riddle and his assistant, Mr Davis for the Dis
trlct.
A MECHANICS LIEN CAsK-YeSterday ChaS Cess
ford, Barber Ross and Wimsatt Uhler dled a
bill In equity to enforce against Miranda Fraser
mechanics lien on eight houses In lots q and 3 q
states that the price agreed upon for the building
OF the houses was $6lS4, OF which 81 ID
remains unpaiG
InDIcrMENrs-The grand jury to-day reported
Indictments against Gnas w. Howard alias
Davis larceny from the person; Samuel Moore as
sault with intent to kin and Augustus jones' alias
Pos Thomas, larceny.
SAYS SHE DESERTED HMM. Campbell Car
rngtSn for Eugene % ,a A. Cameron as MED D today
Mary Frances Cameron, on the ground OF deser-
tion. they were married august IA, 1877, in Gin
cinnat1 and lived together till November 19, 1881,
when he charges She deserted him.
A NEW YORK THIEF LOCKED UP.-Last evening
Detectives Carter and Mahon arrested Edward
Dawson, a young man from New York, who fol-
lows the races, and locked him up On two charges
bridle stolen from John 4. Carmody at the race
track, and the officers recovered an overcoat which
he stole from Carl , Tacke: This morning, In the
was given 90 days In each case.
Affairs i'm West wa.hinxton.
BUILDING AssocIATION.-The sixteenth monthly
meeting OF the First Cooperative Building AssO-
ciation was held last night Money TO the amount
of S6, COO sold as follows: 500 at 81 per cent,
$500 at 81. 500 at 81, ss,lo0 at So. $500 at go
ST. 600 at 73 500 at ~, 800 at 62. The Subscrp-
aon to Jhe new series OF stock was quite liberal
He WAS CLuBBED AND THEM FINED. Thomas
O'Hare, alias Kelly, who has been confined
In the. hospital suffering from the effects OF a
clubbing over the head given him by Ofncer Hall
at the time OF his arrest on Water street several
days ago, was arraigned in the Police Court this
morning on charge OF disorderly conduct. When
arraigned he said, 81 was drunk, and don't know
anything about it" The court heard the testi-
mOny OF the officer and q cOlored man, to the
effect that the prisoner was drunk and d1sordery
and was attempting TO whip several persons on
Water street. The defendant was sworn, and he
said he did not remember what occurred. He was
about to say something about the clubbing, but
the Judge checked him, and imposed fine OF s..
NOTRS-There Is a broken water main on 35th
Street above the convent. Residents on S1st street
complain OF the bad condition OF the sidewalks.
TKNr1RATuRH AGD CONDITION OF WATER AT A.
M-Gfeat Falls, temperature, O.; condition, p (;
receivin0 reservoir temperature IS; condition at
north connection, Il; condition At south connec-
ton, 50; d1str1bufing reservoir, temperature, 81;
condition At tnuent gate-h0uses 80; condition ct
enuent gate-hOuse. 81